MURPHY v. CORIZON et al

Filing 39

ORDER adopting 27 Report and Recommended Decision for 15 Motion to Dismiss filed by JOSEPH PONTE, MAINE DEPARTMENT OF CORRECTIONS, and SCOTT BURNHEIMER; granting with prejudice 15 Motion to Dismiss for Failure to State a Claim. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
CAROL MURPHY,
Plaintiff,
v.
CORIZON, et al.,
Defendants.

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1:12-cv-00101-JAW

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on July 6,
2012 her Recommended Decision. The Plaintiff filed her objections to the
Recommended Decision on July 23, 2012; Defendants Scott Burnheimer,
Maine Department of Corrections, and Joseph Ponte filed their waiver of
reply to the objections on July 26, 2012. I have reviewed and considered the
Magistrate Judge's Recommended Decision, together with the entire record; I
have made a de novo determination of all matters adjudicated by the
Magistrate Judge's Recommended Decision; and I concur with the
recommendations of the United States Magistrate Judge for the reasons set
forth in her Recommended Decision, and determine that no further
proceeding is necessary.
1. It is therefore ORDERED that the Recommended Decision of the
Magistrate Judge is hereby AFFIRMED.

2. It is further ORDERED that Defendants Scott Burnheimer, Maine
Department of Corrections, and Joseph Ponte’s Motion to Dismiss
(Docket # 15) be and hereby is GRANTED with prejudice in both
their personal and official capacities.
3. It is further ORDERED that all official capacity claims for
monetary damages against the State of Maine, whether brought
against Ponte, Burnheimer, or the Maine Department of
Corrections, be dismissed with prejudice.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 22nd day of August, 2012

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